Smt. Pushpa Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9132 MP

                                                        1                               WP-24294-2021
                              The High Court Of Madhya Pradesh
                                       WP No. 24294 of 2021
                                (SMT. PUSHPA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 22-12-2021
                            Shri Sourabh Kumar Sharma, learned counsel for the petitioner.

                            Shri Prashant Mishra, learned Panel Lawyer for the respondents/State.

Petitioner has filed this petition challenging transfer order dated 07.10.2021.

Impugned order is under challenge on the ground that a Committee was

constituted and Committee gave a finding on basis of which, petitioner has been transferred.

It is submitted that order is punitive in nature, therefore, petitioner ought to have been given an opportunity of hearing before passing the impugned order. Petitioner relied on judgements reported in 2015 SCC OnLine MP 3023, Govindram Dading vs The State of M.P. and ILR [2011] MP 1720, K.S. Verma vs State of M.P. and others. Relying on said judgments, counsel appearing for the petitioner submitted that petitioner ought to have been given an opportunity of hearing before passing transfer order. It

is submitted that adverse allegations are made against the petitioner and Committee has given a finding, which has been relied upon for transferring the petitioner. Therefore, transfer order will have adverse civil consequences on petitioner and same may be quashed.

Panel Lawyer appearing for the State opposed the prayer. It is submitted by him that transfer order will not have any adverse civil consequences on petitioner. It is only mentioned in transfer order that there is no co-ordination between petitioner and other staff members, therefore, petitioner is transferred. No adverse comment or allegation is made against the petitioner in impugned order. In view of same, as transfer order is only an administrative order with no adverse civil consequences, therefore, opportunity of hearing is not required. Case of petitioner is not covered by Signature SAN Verified Not the cases relied upon by the petitioner. It is also submitted by the Panel Digitally signed by VINOD KUMAR TIWARI Date: 2021.12.23 10:50:21 IST 2 WP-24294-2021 Lawyer appearing for the State that no departmental inquiry is pending or proposed against the petitioner and the impugned order is a transfer order simplicitor.

Heard the counsel for the parties.

After going through the impugned order, it is found that transfer of

petitioner is only made for efficient working of the institution. No adverse order is passed against the petitioner having any civil consequences. Impugned order is a transfer order simplicitor.

In view of above, writ petition filed by the petitioner is dismissed.

                                                                              (VISHAL DHAGAT)
                                                                                   JUDGE

                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.12.23
10:50:21 IST